Notice2021-24879
Agency Information Collection Activity: Notice of Disagreement: Appeal to the Board of Veterans' Appeals
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 15, 2021
Issuing agencies
Veterans Affairs Department
Abstract
The Board of Veterans' Appeals (BVA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. Written comments and recommendations on the proposed collection of information should be received on or before January 14, 2022.
Full Text
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<title>Federal Register, Volume 86 Issue 217 (Monday, November 15, 2021)</title>
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[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63107-63108]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24879]
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DEPARTMENT OF VETERANS AFFAIRS
[OMB Control No. 2900-0674]
Agency Information Collection Activity: Notice of Disagreement:
Appeal to the Board of Veterans' Appeals
AGENCY: Board of Veterans' Appeals, Department of Veterans Affairs.
ACTION: Notice.
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SUMMARY: The Board of Veterans' Appeals (BVA), Department of Veterans
Affairs (VA), is announcing an opportunity for public comment on the
proposed collection of certain information by the agency. Under the
Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to
publish notice in the Federal Register concerning each proposed
collection of information, including each proposed extension of a
currently approved collection, and allow 60 days for public comment in
response to the notice. Written comments and recommendations on the
proposed collection of information should be received on or before
January 14, 2022.
ADDRESSES: Submit written comments on the collection of information
through Federal Docket Management System (FDMS) at <a href="http://www.Regulations.gov">www.Regulations.gov</a>
or to Sue Hamlin, BVA (01C2), Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC 20420 or email to <a href="/cdn-cgi/l/email-protection#9ac9efffb4d2fbf7f6f3f4daecfbb4fdf5ec"><span class="__cf_email__" data-cfemail="beedcbdb90f6dfd3d2d7d0fec8df90d9d1c8">[email protected]</span></a>.
Please refer to ``OMB Control No. 2900-0674'' in any correspondence.
During the comment period, comments may be viewed online through FDMS.
FOR FURTHER INFORMATION CONTACT: Maribel Aponte, Office of Enterprise
and Integration, Data Governance Analytics (008), 1717 H Street NW,
Washington, DC 20006, (202) 266-4688 or email <a href="/cdn-cgi/l/email-protection#cfa2aebda6adaaa3e1aebfa0a1bbaa8fb9aee1a8a0b9"><span class="__cf_email__" data-cfemail="e28f83908b80878ecc83928d8c9687a29483cc858d94">[email protected]</span></a>.
Please refer to ``OMB Control No. 2900-0674'' in any correspondence.
SUPPLEMENTARY INFORMATION: Under the PRA of 1995, Federal agencies must
obtain approval from the Office of Management and Budget (OMB) for each
collection of information they conduct or sponsor. This request for
comment is being made pursuant to Section 3506(c)(2)(A) of the PRA.
With respect to the following collection of information, BVA
invites comments on: (1) Whether the proposed collection of information
is necessary for the proper performance of BVA's functions, including
whether the information will have practical utility; (2) the accuracy
of BVA's estimate of the burden of the proposed collection of
information; (3) ways to enhance the quality, utility, and clarity of
the information to be collected; and (4) ways to minimize the burden of
the collection of information on respondents, including through the use
of automated collection techniques or the use of other forms of
information technology.
Authority: Public Law 115-55; 38 U.S.C. 5104B, 5108, 5701, 5901,
7103, 7104, 7105, 7107.
Title: Notice of Disagreement (NOD)/Appeal to the Board of
Veterans' Appeals, VA Form 10182 and VA Form 9.
OMB Control Number: 2900-0674.
Type of Review: Revision of a currently approved collection.
Abstract: Appellate review of the denial of VA benefits may only be
initiated by the filing of a Notice of Disagreement with the Board. 38
U.S.C. 7105(a). VA Form 10182 Decision Review Request: Board Appeal
(Notice of Disagreement) is required to initiate Board review of an
appeal in the modernized review system as implemented by the Veterans
Appeals Improvement and Modernization Act of 2017 (AMA). The VA Form 9
Appeal to Board of Veterans' Appeals may be used to complete a legacy
appeal to the Board. The completed form becomes the ``substantive
appeal'' (or ``formal appeal''), which is required by the pre-AMA
version of 38 U.S.C. 7105(a) and (d)(3) to complete an appeal to the
Board. Additionally, the proposed information collections allow for
withdrawal of services by a representative, requests for changes in
hearing dates and methods under 38 U.S.C. 7107, and motions for
reconsideration pursuant to 38 U.S.C. 7103(a).
The Board is requesting to revise the currently approved OMB
Control No. 2900-0674 to include an updated VA Form 10182 Notice of
Disagreement. Proposed revisions to the VA Form 10182 Notice of
Disagreement include: (1) Removal of the requirement to provide a
social security number; (2) inclusion of checkboxes to indicate a
preferred method of hearing; (3) inclusion of a checkbox to indicate
whether the decision for which appeal is being sought was issued by the
Veterans Health Administration (VHA); (4) inclusion of a checkbox to
request an extension of the deadline to file a Notice of Disagreement;
(5) removal of the checkbox used to indicate whether the Notice of
Disagreement has been filed in response to a Statement of the Case or
Supplemental Statement of the Case issued under the legacy appeals
process; (6) replacement of the checkbox for
[[Page 63108]]
indicating the claimant ``is homeless'' to indicate whether the
claimant is ``experiencing homelessness''; (7) a clarified description
of the window of time within which to submit evidence on the Evidence
Submission docket; and (8) adding a subpart to Part III for issues the
appellant wishes to include in the VA Form 10182 that need to be listed
on additional sheets. Proposed revisions also include updated
instructions for completing the Notice of Disagreement.
There is a decrease in the respondent burden because the associated
control number originally included the nonstandard legacy Notice of
Disagreement. Consistent with the wind-down of legacy appeals following
implementation of the AMA, the Board is not seeking renewal of the
nonstandard legacy Notice of Disagreement under this control number.
Affected Public: Individuals and households.
Estimated Annual Burden: 64,805 hours.
Estimated Average Burden per Respondent: 37 minutes.
Frequency of Response: Once.
Estimated Number of Respondents: 126,000.
By direction of the Secretary.
Maribel Aponte,
VA PRA Clearance Officer, Office of Enterprise and Integration/Data
Governance Analytics, Department of Veterans Affairs.
[FR Doc. 2021-24879 Filed 11-12-21; 8:45 am]
BILLING CODE 8320-01-P
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